EUROPA - EU law and publications - EUR-Lex - EUR-Lex - 62009FJ0096 - EN - Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012. Eva Cuallado Martorell v European Commission. Public service - Open competition. Case F-96/09.

(Civil service – Open competition – Non-admission to the oral test following results obtained in written tests – Requests for review – Specific right of candidates to have access to certain information concerning them – Purpose and scope – Right of access to marked written tests – None)

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the ‘dialectical development’ looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs' opinion in Christos Konstantinidis ; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd , Advocate General Van Gerven put forward the proposition that ‘a national rule which in order to show that it is compatibl ...[+++]e with [Union] law has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls ’within the scope' of [Union] law' on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be ‘justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms’;

J. whereas, notwithstanding this, with the Union's accession to the ECHR, the Union may over time have to find a common yardstick in cross-border cases relating to the freedoms to supply goods and services as a result of the "dialectical development" looked forward to by Advocate General Mancini in the Bond van Adverteerders case, having regard also to the judgments in Elliniki Radiofonia Tileorasi and Society for the Protection of Unborn Children Ireland Ltd and Advocate General Jacobs’ opinion in Christos Konstantinidis; indeed, in the case Society for the Protection of Unborn Children Ireland Ltd, Advocate General Van Gerven put forward the proposition that "a national rule which in order to show that it is compa ...[+++]tible with [Union] law has to rely on legal concepts, such as imperative requirements of public interest or public policy .falls 'within the scope' of [Union] law" on the ground that, although the Member States have some discretion in defining the public interest or public policy concepts, the scope of those concepts in the case of measures falling within the scope of Union law is nevertheless subject to Union control and they have to be "justified and delimited in a uniform manner for the whole [Union] under [Union] law and therefore taking into account the general principles in regard to fundamental rights and freedoms";

Combining work and family life, entitlement to paid maternity leave, rights of a more general scope, such as the right to dignity and the right to respect for their physical and mental integrity, also appear in the Charter.

Hence this principle has been progressively consolidated in international environmental law, and so it has since become a full-fledged and general principle of international law.